tahoe regional planning regional planning compact.pdf · the provisions of this interstate...

Download TAHOE REGIONAL PLANNING Regional Planning Compact.pdf · The provisions of this interstate compact…

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  • The provisions of this interstate compact executed between the States of Nevada and California

    are as follows:

    TAHOE REGIONAL PLANNING COMPACT

    ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY

    (a) It is found and declared that:

    (1) The waters of Lake Tahoe and other resources of the region are threatened with deterioration

    or degeneration, which endangers the natural beauty and economic productivity of the region.

    (2) The public and private interests and investments in the region are substantial.

    (3) The region exhibits unique environmental and ecological values which are irreplaceable.

    (4) By virtue of the special conditions and circumstances of the region's natural ecology,

    developmental pattern, population distribution and human needs, the region is experiencing

    problems of resource use and deficiencies of environmental control.

    (5) Increasing urbanization is threatening the ecological values of the region and threatening the

    public opportunities for use of the public lands.

    (6) Maintenance of the social and economic health of the region depends on maintaining the

    significant scenic, recreational, educational, scientific, natural and public health values provided

    by the Lake Tahoe Basin.

    (7) There is a public interest in protecting, preserving and enhancing these values for the

    residents of the region and for visitors to the region.

    (8) Responsibilities for providing recreational and scientific opportunities, preserving scenic and

    natural areas, and safeguarding the public who live, work and play in or visit the region are

    divided among local governments, regional agencies, the States of California and Nevada, and

    the federal government.

  • (9) In recognition of the public investment and multistate and national significance of the

    recreational values, the federal government has an interest in the acquisition of recreational

    property and the management of resources in the region to preserve environmental and

    recreational values, and the federal government should assist the states in fulfilling their

    responsibilities.

    (10) In order to preserve the scenic beauty and outdoor recreational opportunities of the region,

    there is a need to insure an equilibrium between the region's natural endowment and its manmade

    environment.

    (b) In order to enhance the efficiency and governmental effectiveness of the region, it is

    imperative that there be established a Tahoe Regional Planning Agency with the powers

    conferred by this compact including the power to establish environmental threshold carrying

    capacities and to adopt and enforce a regional plan and implementing ordinances which will

    achieve and maintain such capacities while providing opportunities for orderly growth and

    development consistent with such capacities.

    (c) The Tahoe Regional Planning Agency shall interpret and administer its plans, ordinances,

    rules and regulations in accordance with the provisions of this compact.

    ARTICLE II. DEFINITIONS

    As used in this compact, the following terms have the following meanings:

    (a) Region, includes Lake Tahoe, the adjacent parts of Douglas and Washoe Counties and

    Carson City, which for the purposes of this compact shall be deemed a county, lying within the

    Tahoe Basin in the State of Nevada, and the adjacent parts of the Counties of Placer and El

    Dorado lying within the Tahoe Basin in the State of California, and that additional and adjacent

    part of the County of Placer outside of the Tahoe Basin in the State of California which lies

    southward and eastward of a line starting at the intersection of the basin crestline and the north

    boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the

    intersection of the basin crestline and the west boundary of Section 10; all sections referring to

    Township 15 North, Range 16 East, M.D.B. & M. The region defined and described herein shall

    be as precisely delineated on official maps of the agency.

    (b) Agency means the Tahoe Regional Planning Agency.

  • (c) Governing body means the governing board of the Tahoe Regional Planning Agency.

    (d) Regional plan means the long-term general plan for the development of the region.

    (e) Planning commission means the advisory planning commission appointed pursuant to

    subdivision (h) of Article III.

    (f) Gaming means to deal, operate, carry on, conduct, maintain or expose for play any banking

    or percentage game played with cards, dice or any mechanical device or machine for money,

    property, checks, credit or any representative of value, including, without limiting the generality

    of the foregoing, faro, monte, roulette, keno, bingo, fan-tan, twenty-one, blackjack, seven-and-a-

    half, big injun, klondike, craps, stud poker, draw poker or slot machine, but does not include

    social games played solely for drinks, or cigars or cigarettes served individually, games played in

    private homes or residences for prizes or games operated by charitable or educational

    organizations, to the extent excluded by applicable state law.

    (g) Restricted gaming license means a license to operate not more than 15 slot machines on

    which a quarterly fee is charged pursuant to NRS 463.373 and no other games.

    (h) Project means an activity undertaken by any person, including any public agency, if the

    activity may substantially affect the land, water, air, space or any other natural resources of the

    region.

    (i) Environmental threshold carrying capacity means an environmental standard necessary to

    maintain a significant scenic, recreational, educational, scientific or natural value of the region or

    to maintain public health and safety within the region. Such standards shall include but not be

    limited to standards for air quality, water quality, soil conservation, vegetation preservation and

    noise.

    (j) Feasible means capable of being accomplished in a successful manner within a reasonable

    period of time, taking into account economic, environmental, social and technological factors.

    (k) Areas open to public use means all of the areas within a structure housing gaming under a

    nonrestricted license except areas devoted to the private use of guests.

  • (l) Areas devoted to private use of guests means hotel rooms and hallways to serve hotel room

    areas, and any parking areas. A hallway serves hotel room areas if more than 50 percent of the

    areas of each side of the hallway are hotel rooms.

    (m) Nonrestricted license means a gaming license which is not a restricted gaming license.

    ARTICLE III. ORGANIZATION

    (a) There is created the Tahoe Regional Planning Agency as a separate legal entity.

    The governing body of the agency shall be constituted as follows:

    (1) California delegation:

    (A) One member appointed by each of the County Boards of Supervisors of the Counties of El

    Dorado and Placer and one member appointed by the City Council of the City of South Lake

    Tahoe. Any such member may be a member of the county board of supervisors or city council,

    respectively, and shall reside in the territorial jurisdiction of the governmental body making the

    appointment.

    (B) Two members appointed by the Governor of California, one member appointed by the

    Speaker of the Assembly of California and one member appointed by the Senate Rules

    Committee of the State of California. The members appointed pursuant to this subparagraph shall

    not be residents of the region and shall represent the public at large within the State of California.

    A member appointed by the Speaker of the Assembly or the Senate Rules Committee may,

    subject to confirmation by his or her appointing power, designate an alternate to attend meetings

    and vote in the absence of the appointed member. The designation of a named alternate, which

    shall be in writing and contain evidence of confirmation by the appointing power, shall be kept

    on file with the agency. An appointed member may change his or her alternate from time to time,

    with the confirmation of the appointing power, but shall have only one designated alternate at a

    time. An alternate shall be subject to those qualifications and requirements prescribed by this

    compact that are applicable to the appointed member.

    (2) Nevada delegation:

    (A) One member appointed by each of the boards of county commissioners of Douglas and

    Washoe Counties and one member appointed by the Board of Supervisors of Carson City. Any

  • such member may be a member of the board of county commissioners or board of supervisors,

    respectively, and shall reside in the territorial jurisdiction of the governmental body making the

    appointment.

    (B) Two members appointed by the Governor of Nevada, one member appointed by the Speaker

    of the Assembly and one member appointed by the Majority Leader of the Nevada Senate. All

    members appointed pursuant to this subparagraph shall not be residents of the region and shall

    represent the public at large within the State of Nevada. A member appointed by the Speaker of

    the Nevada Assembly or the Majority Leader of the Nevada Senate may, subject to confirmation

    by his or her appointing power, designate an alternate to attend meetings and vote in the absence

    of the appointed member. The designation of a named alternate, which shall b

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